CHAPTER 3. PLATTING AND VACATION OF REAL PROPERTY
IC 36-7-3
Chapter 3. Platting and Vacation of Real Property
IC 36-7-3-1
Application of chapter
Sec. 1. (a) Section 2 of this chapter applies only to areas subjectto the jurisdiction of no plan commission under this article.
(b) Sections 3 through 9 of this chapter apply only to:
(1) areas subject to the jurisdiction of an advisory plancommission under this article; and
(2) areas subject to the jurisdiction of no plan commissionunder this article.
(c) Sections 10, 11, 14, and 16 of this chapter apply to all areas ofthe state, except that section 11 of this chapter applies only to areassubject to the jurisdiction of a plan commission under this article.
(d) Sections 12, 13, and 15 of this chapter apply to all areas of thestate, except in a county having a consolidated city.
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981,P.L.46, SEC.5; P.L.220-1986, SEC.3.
IC 36-7-3-2
Subdivision of lots or lands outside boundaries of municipality;requisites, approval, and recording of plat
Sec. 2. (a) A person who lays out a subdivision of lots or landsoutside the corporate boundaries of any municipality shall record acorrect plat of the subdivision in the office of the recorder of thecounty before selling any lots in the subdivision. The plat must showpublic places, public ways, and the length, width, and size of eachlot. Lots shown on the plat must be regularly numbered.
(b) The certificate of a registered land surveyor certifying thecorrectness of the plat must be attached to the plat. This certificatemust include a description, by metes and bounds, of the location ofthe plat.
(c) Before offering a plat for record under this section, a personmust acknowledge it before an officer authorized by law to take andcertify acknowledgments of deeds. The officer shall then attach tothe plat a certificate of the acknowledgment, which must be recordedwith the plat.
(d) Before offering a plat for recording under this section, aperson must file a copy of the plat in the county auditor's office andmust submit the plat for the approval of the county executive. Thecounty recorder may record the plat only if a certificate showing theapproval of the county executive is attached to it. If the record of aplat is not executed and approved as required by this subsection, itis void.
(e) Except as provided in subsection (f), the county executive mayapprove or disapprove a subdivision plat only on the basis of whetherthe plat complies with the requirements set forth in subsections (a)through (c).
(f) The county executive may approve or disapprove a subdivision
plat based upon whether the plat complies with standards fordevelopment of subdivisions within the county executive'sjurisdiction. The standards shall be set by the county executive, shallbe reasonable, and may include a minimum lot size. The countyexecutive shall rely only upon the following criteria in establishingthe standards for development:
(1) The standards must protect and provide for the publichealth, safety, and welfare of the county.
(2) The standards must ensure that public facilities and servicesare available to support the subdivision.
(g) The county executive may not approve or disapprove asubdivision plat based upon the standards for development until thecounty executive has had at least one (1) public hearing on the issue.The county executive shall publish notice of a hearing in accordancewith IC 5-3-1. The notice must set forth the following information:
(1) A legal description of the property where the proposedsubdivision will be located.
(2) The date, time, and location of the hearing.
(3) The name of the applicant submitting the plat for theapproval of the county executive.
(4) A statement that the county executive will consider at thehearing whether to approve the plat based upon whether the platis in accordance with the county's development standards.
(h) If, after a hearing, the county executive disapproves the plat,the county executive shall make written findings that set forth itsreasons and a decision denying approval and shall provide theapplicant with a copy.
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.104-1983,SEC.4; P.L.220-1986, SEC.4; P.L.23-1991, SEC.38; P.L.153-2003,SEC.1.
IC 36-7-3-3
Laying out of town, addition to municipality, or subdivision of lotsor lands within boundaries of municipality; requisites, approval,and recording of plat; donations or grants to public
Sec. 3. (a) A person who lays out:
(1) a town;
(2) an addition to a municipality; or
(3) a subdivision of lots or lands within the corporateboundaries of a municipality;
shall record a correct plat of the town, addition, or subdivision in theoffice of the recorder of the county before selling any lots in thetown, addition, or subdivision. The plat must show public grounds,public ways, and the length, width, and size of each lot. Lots shownon the plat must be regularly numbered.
(b) Every donation or grant to the public, or to any person, that isnoted as such on the plat, is considered a general warranty to thedonee or grantee named on the plat, for the purposes intended by thedonor or grantor.
(c) Before offering a plat for record under this section, a person
must acknowledge it before an officer authorized by law to take andcertify acknowledgments of deeds. The plat may be recorded only ifit is made and acknowledged in the manner prescribed by thissection.
(d) Before a person offers a plat for recording under this section,he must submit it for the approval of:
(1) the advisory plan commission that has jurisdiction over theplatted area under IC 36-7-4; or
(2) the municipal works board, if no advisory plan commissionhas jurisdiction over the platted area under IC 36-7-4.
The advisory plan commission or works board shall approve ordisapprove the plat, and may require the public ways shown in theplat to be as wide as, and coterminous with, the public ways incontiguous parts of the municipality. The county recorder may recordthe plat only if a certificate showing the approval of the plancommission or works board is attached to it. If the record of a plat isnot executed and approved as required by this subsection, it is void.
As added by Acts 1981, P.L.309, SEC.22.
IC 36-7-3-4
Survey and plat; order; adoption; resolutions; requisites
Sec. 4. (a) A municipality that does not have a sufficient surveyand plat of its corporate territory may, by a resolution of itslegislative body passed by a two-thirds (2/3) vote, order a survey andplat of the municipality. When the survey and plat have been made,the legislative body may adopt them by a resolution passed bythree-fourths (3/4) vote (as described in IC 36-1-8-14). If a surveyand plat of the municipality have already been made, without theorder of the legislative body, it may adopt them by a resolutionpassed by a three-fourths (3/4) vote.
(b) The survey and plat are considered adopted by themunicipality for all purposes if a certified copy of the resolutionadopting the survey and plat is:
(1) signed by the municipal executive and clerk;
(2) attested by the seal of the municipality; and
(3) recorded with the survey and plat in the office of therecorder of the county in which the municipality is located.
The copy of the resolution must include a statement of the names ofthe persons voting for and against it.
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.125-2001,SEC.4.
IC 36-7-3-5
Surveying, platting, and numbering of tracts of land inmunicipality; requisites, approval, and recording of plat; publicways
Sec. 5. (a) If there are five (5) or more specific tracts of land in amunicipality that:
(1) approximate in size any of the platted lots in themunicipality; (2) are not platted or numbered; and
(3) are near or contiguous to each other;
the municipal legislative body may cause the tracts to be surveyed,platted, and given a specific number on the plat. If the survey andplat are approved by the legislative body and recorded in theplatbook records of the county in which the municipality is located,they have the same legal effect as if they had been made by theowners of the tracts under section 3 of this chapter.
(b) Tracts surveyed under this section may be described andconveyed by the numbers assigned to them, in the same manner asother platted lots. However, a new public way may be laid out oropened only with the written consent of the owner of the realproperty to be affected.
As added by Acts 1981, P.L.309, SEC.22.
IC 36-7-3-6
Resolution declaring necessity of survey or plat; requisites;adoption procedures; direction to land surveyor
Sec. 6. (a) Before a survey of a municipality is made under thischapter, the municipal legislative body must declare, by resolution,the necessity for making the survey or plat. The resolution mustdescribe and embrace all tracts to be included in the plat, with thedescription being by streets, alleys, corporate lines, other plattedadditions' lines, or any boundary line that can be definitely located.Notice of the adoption of the resolution must be given in accordancewith IC 5-3-1. The notice must fix a time and a place where thepersons owning the tracts may appear before the legislative body andobject to any further steps being taken in the proceedings.
(b) If, after hearing any objections, the legislative body considersit necessary to proceed with the survey and plat, it shall direct themunicipal civil engineer, if he is a land surveyor, or, if he is not,some suitable and competent land surveyor, to immediately make thesurvey and plat and report them to the legislative body.
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981,P.L.45, SEC.17.
IC 36-7-3-7
Land surveyor; completion of survey and plat; requirements;boundary line dispute procedures; subdivision of tracts; report;statement of costs and expenses; filing
Sec. 7. (a) In making a survey of a municipality under thischapter, a land surveyor shall adhere as nearly as possible toboundary lines between tracts. If the owners of adjacent tracts do notagree on the location of the boundary line between them, the landsurveyor shall give all interested parties ten (10) days' notice that, ata specified time, he will establish the boundary line. The lineestablished is the correct boundary line, but an aggrieved party mayappeal from the survey in the same manner as is provided byIC 36-2-12-14 for an appeal from a survey made by a countysurveyor. However, an appeal does not delay the completion of the
survey and plat.
(b) All public ways shall be preserved and properly designated onthe plat.
(c) Each specific description shall be platted as one (1) lot andgiven a distinct number on the plat, except that where a part of thespecific description is cut off by a street or alley, the tract may begiven two (2) or more distinct numbers, as required by the situation.
(d) If any part of the entire tract to be platted is cut up into blocksby streets or alleys, the tract shall be platted in lots extending fromthe street or alley in the front to the alley in the rear.
(e) If a lot embraces more than one (1) specific description, thememoranda attached to the plat must designate how much of the lotbelongs to each of the part owners.
(f) A person owning a tract that is within the boundaries of theterritory to be platted and is larger than an ordinary lot may have thattract subdivided into lots of convenient size in the making of the plat.
(g) The land surveyor shall show on the plat the exact size andshape, the number, and the name of the owner (as determined fromthe records of the county), of each lot platted, and shall attach to theplat, as a part of it, a brief memorandum of the tract description ofeach lot platted.
(h) The land surveyor shall sign the plat and acknowledge itsexecution before an officer authorized to take the acknowledgmentof deeds. When the survey and plat are completed, the land surveyorshall file them with the municipal clerk. The land surveyor shall alsofile with his report of the survey and plat an itemized statement of allcosts and expenses incident to the proceedings, and an apportionmentof the expenses to the lots platted, as required by section 9 of thischapter.
As added by Acts 1981, P.L.309, SEC.22.
IC 36-7-3-8
Report of survey and plat; approval procedures; recording; legaleffect of plat
Sec. 8. (a) When a plat is filed under section 7 of this chapter, themunicipal clerk shall immediately give notice, in accordance withIC 5-3-1, that on a specified day, at an hour and place named in thenotice, the municipal legislative body will meet to consider the landsurveyor's report and plat, and to hear any objections to the reportand plat by interested parties.
(b) If any errors or omissions are discovered, the legislative bodyshall require the surveyor to correct them. When the legislative bodyhas approved the report of the survey and plat, it shall give the platan appropriate name and have it, together with the resolution ofapproval, recorded in the proper records in the county recorder'soffice. When recorded, the plat has the same legal effect as if it hadbeen done by the owners of the tracts platted.
As added by Acts 1981, P.L.309, SEC.22.
IC 36-7-3-9 Expenses of survey and plat; apportionment and assessmentagainst property platted; lien; collection and disbursement
Sec. 9. (a) The expenses arising from a survey and plat in amunicipality under this chapter shall be charged to the propertyplatted, in the proportion the municipal legislative body considersjust and equitable. When approving the land surveyor's report of thesurvey and plat, the legislative body shall, at the same time, assess anequitable part of the cost and expense against each tract platted.
(b) The assessment is a lien on the property from the time theassessment is made, and is due and payable as soon as the plat isrecorded. If an assessment is not paid before the second day ofJanuary after it is made, a certified copy of the assessment shall befiled in the office of the auditor of the county in which the propertyis located, and the auditor shall place the amount claimed on the taxduplicate against the lands of the landowner. The amount shall becollected as taxes are collected, and, when collected, shall bedisbursed to the general fund of the municipality.
As added by Acts 1981, P.L.309, SEC.22.
IC 36-7-3-10
Vacation of plat by owners; written instrument; filing andapproval; recording; land outside municipal boundaries exceptedfrom approval; effect; public ways
Sec. 10. (a) The owners of land in a plat may vacate all or part ofthat plat. All the owners of land in the plat must declare the plat orpart of the plat to be vacated in a written instrument, and thatinstrument must be executed, acknowledged, and recorded in thesame manner as a deed to land.
(b) Before offering the instrument for recording under thissection, an owner must file a copy of the instrument in the countyauditor's office and must submit the instrument vacating the plat forthe approval of the plan commission that has jurisdiction over theplatted area under IC 36-7-4. If no plan commission has jurisdictionover the platted area under IC 36-7-4, the instrument must besubmitted for the approval of:
(1) the county executive, in the case of land located in anunincorporated area; or
(2) the municipal works board, in the case of land located insidethe corporate boundaries of a municipality.
(c) The county recorder may record the instrument only if acertificate showing the approval of the vacation by the plancommission, county executive, or municipal works board is attachedto it. If the instrument is not executed and approved as required bythis section, it is void.
(d) The owners of land in a plat that is located outside thecorporate boundaries of any municipality may vacate all of the platwithout the approval required by subsections (b) and (c) if no lotshave been sold and no roads constructed in the plat, and all of theowners of land in the plat declare the plat to be vacated in a writteninstrument. The instrument must be executed, acknowledged, and
recorded in the same manner as a deed to land.
(e) An instrument recorded under this section terminates the effectof the plat or part of the plat declared to be vacated, and it alsoterminates all public rights in the public ways and public placesdescribed in the plat or part of the plat. However, a public way thathas been improved, or that is part of an improved plat, may bevacated only in accordance with section 12 of this chapter or withIC 36-7-4-712, whichever is applicable.
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986,SEC.5.
IC 36-7-3-11
Filing petition to vacate; contents of petition; hearing date;procedures for notice and hearing; approval, disapproval, orimposition of conditions
Sec. 11. (a) The owner of land in a plat may file with the plancommission that has jurisdiction over the platted area underIC 36-7-4 a petition to vacate all or part of the plat pertaining to theland owned by the petitioner.
(b) The petition must:
(1) state the reasons for and circumstances prompting therequest;
(2) specifically describe the property in the plat proposed to bevacated; and
(3) give the name and address of each owner of land in the plat.
The petition may include a request to vacate any recorded covenantsor commitments filed as part of the plat. The covenants orcommitments are then also subject to vacation.
(c) Within thirty (30) days after receipt of a petition for vacationof a plat, the plan commission staff shall announce the date for ahearing before the plan commission. The plan commission shall, byrule, prescribe procedures for setting hearing dates, mailing writtennotice to each owner of land in the plat, and providing such othernotice as may be required in accordance with IC 36-7-4-706. Thepetitioner shall pay all expenses of providing the notice required bythis subsection.
(d) The plan commission shall, by rule, prescribe procedures forthe conduct of the hearing, which must include a provision givingeach owner of land in the plat an opportunity to comment on thepetition.
(e) The plan commission shall approve or deny the petition forvacation. The plan commission shall approve the petition forvacation of all or part of a plat only upon a determination that:
(1) conditions in the platted area have changed so as to defeatthe original purpose of the plat;
(2) it is in the public interest to vacate all or part of the plat; and
(3) the value of that part of the land in the plat not owned by thepetitioner will not be diminished by vacation.
(f) If, after the hearing, the plan commission determines that theplat or part of the plat should be vacated, it shall make written
findings and a decision approving the petition. The plan commissionmay impose reasonable conditions as part of its approval. Thedecision must be signed by an official designated in the subdivisioncontrol ordinance. The plan commission shall furnish a copy of itsdecision to the county recorder for recording.
(g) If, after the hearing, the plan commission disapproves thepetition for vacation, it shall make written findings that set forth itsreasons in a decision denying the petition and shall provide thepetitioner with a copy. The decision must be signed by the officialdesignated in the subdivision control ordinance.
(h) The approval, disapproval, or imposition of a condition on theapproval of the vacation of all or part of a plat is a final decision ofthe plan commission. The petitioner or an aggrieved party may seekreview of the decision of the plan commission as provided byIC 36-7-4-1016.
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986,SEC.6.
IC 36-7-3-12
Vacation of public way or place; petition; notice; hearing; adoptionof ordinance; appeals
Sec. 12. (a) Persons who:
(1) own or are interested in any lots or parts of lots; and
(2) want to vacate all or part of a public way or public place inor contiguous to those lots or parts of lots;
may file a petition for vacation with the legislative body of:
(A) a municipality, if all or any part of the public way orpublic place to be vacated is located within the corporateboundaries of that municipality; or
(B) the county, if all or the only part of the public way orpublic place to be vacated is located outside the corporateboundaries of a municipality.
(b) Notice of the petition must be given in the manner prescribedby subsection (c). The petition must:
(1) state the circumstances of the case;
(2) specifically describe the property proposed to be vacated;and
(3) give the names and addresses of all owners of land thatabuts the property proposed to be vacated.
(c) The legislative body shall hold a hearing on the petition withinthirty (30) days after it is received. The clerk of the legislative bodyshall give notice of the petition and of the time and place of thehearing:
(1) in the manner prescribed in IC 5-3-1; and
(2) by certified mail to each owner of land that abuts theproperty proposed to be vacated.
The petitioner shall pay the expense of providing this notice.
(d) The hearing on the petition is subject to IC 5-14-1.5. At thehearing, any person aggrieved by the proposed vacation may objectto it as provided by section 13 of this chapter. (e) After the hearing on the petition, the legislative body may, byordinance, vacate the public way or public place. The clerk of thelegislative body shall furnish a copy of each vacation ordinance tothe county recorder for recording and to the county auditor.
(f) Within thirty (30) days after the adoption of a vacationordinance, any aggrieved person may appeal the ordinance to thecircuit court of the county. The court shall try the matter de novo andmay award damages.
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981,P.L.46, SEC.6; Acts 1982, P.L.211, SEC.2.
IC 36-7-3-13
Vacation proceedings; filing of remonstrances and objections;grounds
Sec. 13. A remonstrance or objection permitted by section 11 or12 of this chapter may be filed or raised by any person aggrieved bythe proposed vacation, but only on one (1) or more of the followinggrounds:
(1) The vacation would hinder the growth or orderlydevelopment of the unit or neighborhood in which it is locatedor to which it is contiguous.
(2) The vacation would make access to the lands of theaggrieved person by means of public way difficult orinconvenient.
(3) The vacation would hinder the public's access to a church,school, or other public building or place.
(4) The vacation would hinder the use of a public way by theneighborhood in which it is located or to which it is contiguous.
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1981,P.L.46, SEC.7; Acts 1982, P.L.211, SEC.3; P.L.353-1983, SEC.1.
IC 36-7-3-14
Vacation of platted land; descriptions of lots and parcels in platpreserved; exceptions
Sec. 14. (a) If any platted land is vacated, the descriptions of thelots and parcels of that land shall be preserved as set forth in the plat,with the proportionate parts of vacated streets and alleys added asprovided by law, unless all the owners of land in the vacated areaconsent in writing to the description of the area by:
(1) the method used before the plat was made;
(2) metes and bounds; or
(3) other appropriate description.
(b) Notwithstanding subsection (a), a vacated tract of five (5)acres or more that is owned by one (1) person, or jointly by two (2)or more persons, need not be described by lot number and may bedescribed by metes and bounds or some other method.
As added by Acts 1981, P.L.309, SEC.22.
IC 36-7-3-15
Termination of vacation proceeding; limitation Sec. 15. After the termination of a vacation proceeding under thischapter, a subsequent vacation proceeding affecting the sameproperty and asking for the same relief may not be initiated for two(2) years.
As added by Acts 1981, P.L.309, SEC.22.
IC 36-7-3-16
Vacation of platted easements; public utility's use of public way orplace notwithstanding vacation proceedings; waiver
Sec. 16. (a) Platted easements may be vacated in the same manneras public ways and public places, in accordance with section 12 ofthis chapter or with IC 36-7-4-712, whichever is applicable.
(b) Notwithstanding this article, vacation proceedings do notdeprive a public utility of the use of all or part of a public way orpublic place to be vacated, if, at the time the proceedings areinstituted, the utility is occupying and using all or part of that publicway or public place for the location and operation of its facilities.However, the utility may waive its rights under this subsection byfiling its written consent in the vacation proceedings.
As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986,SEC.7.